Contracting chains and recruitment patterns of posted third-country nationals within the European Union

BACKGROUND

The posting of third country-nationals (TCNs) in the European Union (EU) has increased substantially over the last ten years. Posting practices involving TCNs sit at the intersection of labour mobility and immigration regimes. Among the main reasons for the increase in posting in general, including TCN posting, is to counter a shortage of workers and a dearth in skill sets in many sectors, such as construction, healthcare, tourism and agriculture. While findings relating to the general characteristics of posted-TCN-workers are available, they do not cover specifically issues relevant to ELA’s mandate and operational activities. Addressing this gap is important on several accounts: first, evidence suggests that the posted-TCN-worker- population experiences a greater degree of vulnerability in the labour market than the non-posted-TCN-worker-population. Second, the use of posted TCNs is often accompanied by violations of legislation that fall within ELA’s competence. Third, labour market intermediaries, such as temporary work agencies, can be used to circumvent the legislation in ELA’s competence. The study, therefore, focused on such actors as their usage by end-users creates a complex environment that is prone to violation and circumvention of legislation that falls under ELA’s mandate. Key elements included the study of the employment contracts, terms, and other arrangements that apply to posted-TCN-workers at the different stages in the contracting chain. As such, the study went beyond the mere (subjective) posting experience of TCN workers by also sought insights into the precise underlying contractual arrangements, places and forms of employment. Poland, Portugal, and Slovenia feature among the top sending countries of posted-TCN-workers either in absolute numbers or in relation to their overall labour force. Therefore, these countries and the associated contracting chains were selected to serve as case studies with particular attention paid to Ukrainian, Brazilian, and Bosnian nationals respectively as these nationals represent some of the highest shares of TCN workers.